Fracking Fluid Disclosure Laws

Nine states require energy companies to disclose information about fracking fluids they use. Here's how those laws stack up against proposed U.S. BLM rules.
2/15/12

State or What must be disclosed federal agency (excluding proprietary compounds) U.S. Bureau of Land Management draft regulations (Applicable only to wells drilled on federal land). Arkansas Names of products, chemicals and their CAS numbers.* Chemicals are listed by well but not matched with the products they go into.

Must chemical concentrations be disclosed? Yes, but not for specific products.

What about proprietary information?

Where is the information posted?

When is the information disclosed? A list of proposed chemicals is due at least 30 days before fracking begins. An updated list is due after well completion.

Unclear if it would be disclosed to Operators would regulators or hidden from both regulators disclose the and the public. information using BLM Form 3160-5 (Sundry Operators seeking exemptions must cite Notices). It's unclear if the specific regulation that applies to the data would be each exemption, and explain why that posted online. product or chemical is considered proprietary.

Names of products, chemicals and their CAS numbers. The chemicals are listed by well but not matched with the products they go into.

Disclosed to director of the Arkansas Oil Posted on state and Gas Commission. The information website Operators must be provided to health care disclose the professionals who require it. The chemical percent by volume family is disclosed to the public. of the products used in a well, but Operators seeking exemptions must not the apply to the Commission director. concentrations of individual chemicals. Yes, but not for specific products. Disclosed to Colo. Oil and Gas Posted on Commission and to health care FracFocus.org** professionals in an emergency. The chemical family of each proprietary compound will be disclosed to the public. Operators seeking exemptions must certify that the exempt compound is a trade secret. That statement is provided under penalty of perjury--if the information is a lie, the person who signed the form could go to prison. Operators must disclose the chemical family, but the exact chemical name is not disclosed to regulators or the public. Operators must follow state or federal laws that require disclosure to health care professionals. Operators can claim exemptions for compounds they consider trade secrets.

No.

A list of proposed products and chemicals is due before fracking. When fracking is done, updated lists are submitted for each well.

Colorado (Rules effective April 1, 2012).

Names of products, chemicals and their CAS numbers. Chemicals are listed by well but not matched with the products they go into. Landowners within 500 feet of a well will receive information on how fracking works and how to do baseline water testing.

Within 60 days of fracking activity.

Louisiana

List of products used. Yes, but only for chemicals in If a product is considered hazardous hazardous by Occupational products. Safety and Health Administration standards, then its chemical ingredients and concentrations must also be released. Material Safety Data Sheets must be filed for hazardous chemicals and matched with the products they go into.*** No.

Posted on FracFocus or Within 20 days of well a state website within completion. the Louisiana Dept. of Natural Resources Office of Conservation

Michigan

Not disclosed to regulators or the public. Material Safety Data Within 60 days of Operators can label chemicals they Sheets posted on state drilling completion. Operators disclose consider trade secrets as "proprietary" on website a range, not the Material Safety Data Sheets. Only the exact concentration range is disclosed. concentration.

Montana

Names of chemicals and their CAS numbers. Chemicals don't have to be matched with the products they go into.

Operators must disclose the chemical family, but the exact chemical name isn't Operators provide disclosed to regulators or the public. maximum Proprietary chemicals must be disclosed concentration, not to health care professionals in an actual emergency. concentration. Well operators can decide whether products or chemicals are proprietary. No.

No.

Companies can post the information on FracFocus or give it to the Montana Oil and Gas Board.

Before fracking begins and after fracking is complete.

Ohio

Material Safety Data Sheets, which list products' individual chemical components and their CAS numbers.

Not disclosed to regulators or the public. Posted on state No specific requirements for medical website Operators disclose disclosure, but a regulator from the Ohio a range, not the Dept. of Natural Resources said he's exact confident the information would be concentration. provided to health care professionals in an emergency.

60 days after drilling is complete.

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Fracking Fluid Disclosure Laws
Nine states require energy companies to disclose information about fracking fluids they use. Here's how those laws stack up against proposed U.S. BLM rules.
2/15/12

State or What must be disclosed federal agency (excluding proprietary compounds) Pennsylvania Names of products and chemicals. Chemicals don't have to be matched with the products they go into. CAS numbers are required only for chemicals listed on Material Safety Data Sheets.

Must chemical concentrations be disclosed? Yes, but only for chemicals considered hazardous. Operators also disclose the concentration of each product as a percent of the total fracking fluid. No.

What about proprietary information?

Where is the information posted?

When is the information disclosed? Within 30 days of well completion.

Disclosed to regulators. Members of the public seeking access can submit a request to the Dept of Environmental Protection. The request is passed to the operator, which then makes its case to the DEP. The DEP makes the final decision.

Not posted online but available on request from the Dept. of Environmental Protection.

Texas

(Rules became effective Feb. 1, 2012). Only hazardous chemicals are matched with the products they go into.

Names of products, chemicals and their CAS numbers.

Companies are not required to disclose Posted on FracFocus trade secret information unless the Operators disclose attorney general or court determines the the actual or information is not entitled to trade secret maximum protection. A landowner or state agency concentration of can challenge trade secret classification. only hazardous The information cannot be withheld from chemicals. health care professionals in an emergency. No. Wyoming website +

Within 30 days after well completion, although deadlines may vary slightly.

Wyoming

Disclosed to the supervisor of the Wyoming Oil and Gas Conservation Operators disclose Commission but not to the public. product It's unclear if the chemicals concentrations but would be matched with the not the concentrations of products they go into.+ individual chemical components.

Names of products, chemicals and their CAS numbers.

Both before and after fracking.

Source: updated from a table created by ProPublica in June 2011: http://www.propublica.org/article/critics-find-gaps-in-state-laws-to-disclose-hydrofracking-chemicals *CAS numbers are the unique codes that the Chemical Abstracts Service assigns to individual chemical compounds. **FracFocus.org was set up by regulators and the industry for voluntary disclosure of fracking compounds. ***The Occupational Safety and Health Administration requires Material Safety Data Sheets for chemicals considered hazardous to worker safety. +The agency did not respond to requests for information.

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